Joint tenancy property passes directly to the surviving joint tenant(s) and does not go through the probate process.
If you want the title in Joint Tenancy with Rights of Survivorship, you will need a completed Department of Revenue form DR 2395 Joint Tenancy Form signed by all parties. You can find this DR2395 Form online at dmvlorado, or we can provide that Form to you.
Community Property with Right of Survivorship Under this form of property ownership, if one spouse dies, the other spouse automatically inherits the interest of the other spouse. This type of property ownership is useful for couples who want to avoid having their estate go into probate when one of them passes away.
The legal concept incompatible with a joint tenancy is Escheat. Joint tenancy ensures that upon the death of one owner, their share automatically transfers to the surviving co-owner(s), which conflicts with the escheatment process that transfers property to the state.
The affidavit shall include a statement that a certificate of death, verification of death document, or certified copy thereof cannot be procured, and the reason therefor, the legal description of the real property, the date and place of death of the deceased person, and a statement that the person referred to in the ...
Joint Tenants in Colorado For non-spouses, Colorado recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities.
Property in Colorado can only be owned be- tween two or more individuals in joint tenancy or as tenants in common. What if I Want to Add Someone as a Joint Owner on My Asset? Before you change the title or ownership of an asset, under- stand that any such change can cause significant legal and/ or tax consequences.
Joint Tenancies In Texas Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. Instead the parties must agree, in writing, to include a right of survivorship. Contact our offices to discuss your situation with our experienced real estate attorneys.
“Texas recognizes two types of co-tenancies which may be deeded: a tenancy in common and a joint tenancy. . . . Under a tenancy in common, the deeded interest descends to the heirs and beneficiaries of the deceased cotenant and not to the surviving tenants. . . .
Texas recognizes four basic types of ownership: sole ownership, community property, joint tenants, and tenants in common.